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Law Educator, Esq., Lawyer

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on january 15th there was a hearing regarding custody. That

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on january 15th there was a hearing regarding custody. That morning in court my x wife revealed interecepted texts and calls between me and my 15 year old daughter. At the hearing due to the angry nature of the texts, the judge restricted my access from weekends to sundays only. HE CLEARLY SAID no more taping. Then in July when I asked for vacation time I found out through the mediator that she had continued taping and had content that had an angry dad again. Maybe one in 100 calls. The mediator then said he had the tape and I would not get more time. However the idiot didnt know the court said no taping since he didnt read the court hearing summary apprarantly. The meidatorthen wrote the court and asked taping to be allowed once he realised my x bum-rushed him and he wrongly assumed taping was ok. My lawyer was forced to write to the court and say/ask do not allow it. Taping is harming mother daughter relations irreparably and she is blaming me for it. I have been going to counsling for months to work on my parenting skilLs and reactivity to mothers antics. My question is, how will the judge see this? She violated his instructions. Not just taping but trying to prevent me from watching my daughter on the track field at the high school, then overtly taking my picture in front of my daughter who was very upset by this. my x does what she pleases and ingore court rules. so far she has gotten away with it. the question is will the judge uphold the rule to not tape calls and/or will he repramand her or will he go wit the mediators request to retroactively allow taping thank you jim

You would file a rule to show cause for contempt regarding the recordings and even if the court decides to now change its order and allow taping that does not absolve her from violating the court order in the past and the judge will not allow the retroactive recordings. However, once the mediator has heard them he cannot "un hear" them so of course it is going to impact on his decision because she will testify there were more angry calls and you cannot now say "no there weren't" because the mediator has heard them and would know you are lying.

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thank you for your answer, just to clarify, are you saying the judge might find her in contempt without me asking him to? Or does she have to explictely request that. My lawyer wrote the court in response to the mediator asking to allow taping and in doing so pointed out the damage it has caused mother/daughter relations who is almost 16 in sophmore year taking honors classes.

Also clarify what you mean that the judge will rule against retroactively taping. The mediator did not know it was against the courts rule but after he found out it was he wrote the court asking them to allow taping since he painted himself into a corner. He had no choice since he was now complicit in what occured. But in doing so, threw me under the bus. I have been in counseling working very closely with a therapist voluntarily, and when I asked for vacation time he then revealed the taping (and admitted he had not heard them himself), only the intervention dr heard them in part. Neither knew it was against the order. My daughter is almost 16 so she has her own mind and isnt subject to brainwashing. when she has called upset about events with er mother there were times I pile on, but not often. She taped all of our calls and likely all calls my daughter has with others too. this has poisoned their realtionship and mother wants to pin her problems on me based on a few reamrks going back to April the judge ordered january 15 no more taping and she continued. if the judge rules taping is allowed what are my options ? Can my lawyer still file a contempt charge ? Does the court consider the big picture ? Like trying to keep me from public events such as track and taking my picture with the intent of upsetting my daughter? Essentially letting my daughter know she hates me and does not approve of our relationship? Is this information relevant to the judge deciding on whether taping is allowed ? Have you ever heard of a judge making a ruling then backing off a ruling based on a mediators influence ? He clearly got bum rushed by the x and was not aware of the ruling. So what choice does he have ? Can I sue the mediator and interventionist Dr ? It seems obvious they didnt know the court ruling and now are trying to justify the taping

No, you have to file a motion for contempt and bring it to the court's attention. The court should not allow retroactive taping and this is where your attorney would be fighting in court with the contempt motion. Generally, the court will fine her for contempt and tell the mediator the recordings must be disregarded, but the problem is as I said above is the mediator has already heard the information so it makes the case difficult and your attorney has a tough case here in front of the judge to convince the judge to penalize her for violating the court order. You may be able to sue the mediator for malpractice and negligence for not reading the order as well.

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